Advanced Search

Order Of 9 May 1985 Which Is Available To Give Publicity To The Concert For The Provision Of Health Care Social Security, Throughout The National Territory, To Insured Persons In Active Service, Pensioners And Beneficiaries Of The M...

Original Language Title: Orden de 9 de mayo de 1985 por la que se dispone dar publicidad al concierto para la prestación por la Seguridad Social de asistencia sanitaria, en todo el territorio nacional, a los asegurados en servicio activo, pensionistas y beneficiarios de la M...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

THE NATIONAL MUTUAL FUND OF FORESIGHT OF THE LOCAL ADMINISTRATION AND THE SOCIAL SECURITY HAVE CONCLUDED A CONCERT FOR THE PROVISION OF THE HEALTH CARE, IN ALL THE NATIONAL TERRITORY, TO THE INSURED IN ACTIVE SERVICE AND PENSIONERS AND THEIR BENEFICIARIES ATTACHED TO THE NATIONAL INSURANCE FUND OF THE LOCAL ADMINISTRATION, IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE 1. OF ROYAL DECREE 3241/1983 OF 14 DECEMBER.

ESTIMATING THEIR KNOWLEDGE ON THE PART OF THE LOCAL AUTHORITIES, AGENCIES AND DEPENDENCIES AFFILIATED TO THE MUTUAL SOCIETY, AS WELL AS THE INSURED, PENSIONERS AND BENEFICIARIES TO WHOM THE SAID ASSISTANCE IS ADDRESSED,

THIS MINISTRY HAS RESOLVED:

FIRST.-THE PUBLICATION OF THE CONCERT FOR THE PROVISION OF SOCIAL SECURITY OF HEALTH CARE, THROUGHOUT THE NATIONAL TERRITORY, TO THE INSURED PERSONS IN ACTIVE SERVICE, PENSIONERS AND BENEFICIARIES OF THE MUTUAL BENEFIT NATIONAL FORECASTING OF THE LOCAL ADMINISTRATION SET OUT IN THE ANNEX TO THIS ORDER.

SECOND.-THE NATIONAL MUTUAL INSURANCE MUTUAL FUND WILL TAKE THE NECESSARY MEASURES FOR THE PROGRESSIVE AND EFFECTIVE INCORPORATION OF THE LOCAL GOVERNMENT ' S DEPENDENT GROUPS INTO THE LOCAL GOVERNMENT. HEALTH CARE PROVIDED FOR IN THAT CONCERT, AS PROVIDED FOR IN ARTICLE 1. ROYAL DECREE 3241/1983 OF 14 DECEMBER 1983 AND IN THE ORDER OF 30 MARCH 1984.

MADRID, 9 MAY 1985. -QUADRA-SALCEDO.

ANNEX

HEALTHCARE CONCERT

IN MADRID AT DECEMBER 28, 1984, THEY MEET:

FROM ONE PART, THE ILLUSTRIOUS LORD FRANCISCO LUIS FRANCES SÁNCHEZ, DIRECTOR GENERAL OF THE GENERAL TREASURY OF SOCIAL SECURITY; THE ILLUSTRIOUS LORD DON CARLOS SOLINIS LAREDO, DIRECTOR GENERAL OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY SOCIAL SECURITY.

OF ANOTHER, THE ILLUSTRIOUS LORD, DON CLEMENTINO CALVO RAMIREZ, TECHNICAL DIRECTOR OF THE NATIONAL FORECAST MUTUAL SOCIETY.

THE SIGNATORIES ARE INVOLVED IN THEIR RESPECTIVE POSITIONS AND, IN USE OF THE POWERS CONFERRED UPON THEM, AGREE TO SUBSCRIBE TO THE PRESENT WITH A CONCERT FOR THE PROVISION OF HEALTH CARE, THROUGHOUT THE TERRITORY. NATIONAL, INSURED PERSONS IN ACTIVE SERVICE AND PENSIONERS AND THEIR BENEFICIARIES ATTACHED TO THE NATIONAL INSURANCE FUND OF THE LOCAL ADMINISTRATION, IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE 1. OF ROYAL DECREE 3241/1983 OF 14 DECEMBER, ACCORDING TO THE FOLLOWING

CLAUSES

FIRST.-SOCIAL SECURITY WILL FACILITATE HEALTH CARE BY OCCUPATIONAL AND COMMON SICKNESS, ACCIDENT AT WORK AND NON-WORK AND MATERNITY, INCLUDING SPECIAL STATUTORY BENEFITS, TO INSURED PERSONS IN ACTIVE SERVICE, AND PENSIONERS OF THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION, AS WELL AS THE PERSONS IN CHARGE WHO FULFIL THE CONDITIONS NECESSARY TO BE BENEFICIARIES AND WHO ARE RECOGNISED AS SUCH, IN ACCORDANCE WITH THE RULES LAID DOWN FOR EFFECT IN CHAPTER VI OF TITLE III OF THE EXISTING STATUTES OF MUTUAL SOCIETY NATIONAL FORECASTING OF THE LOCAL ADMINISTRATION.

SECOND. THE BENEFITS COVERED BY THIS CONCERT SHALL BE GIVEN TO THE RIGHTHOLDERS AND TO THEIR BENEFICIARIES WHO ARE ASSIGNED TO HIM WITH SIMILAR CONTENT AS THOSE OF THE GENERAL SOCIAL SECURITY SCHEME, WHOSE LEGAL AND LEGAL RULES THEY WILL BE ADJUSTED WITHOUT PREJUDICE TO THE PROVISOS STIPULATED IN THIS CONCERT.

THIRD.-THE NATIONAL MUTUAL INSURANCE COMPANY OF THE LOCAL ADMINISTRATION SHALL ISSUE TO THE TERRITORIAL TREASURIES OF THE SOCIAL SECURITY THE CORRESPONDING PARTS OF AFFILIATION AND DISCHARGE OF ALL AND EACH OF THE HOLDERS OF THE RIGHT AFFECTED BY THIS CONCERT, AS THEY ARE PRODUCED, USING THE CURRENT MODELS IN FORCE OR DECLARED COMPULSORY FOR THE GENERAL SOCIAL SECURITY SCHEME, WHICH SHALL BE SUBMITTED IN DUPLICATE.

THE CONDITION OF BENEFICIARIES, ASSIGNED TO THE RIGHTHOLDERS, WILL BE RECOGNIZED BY THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION, IN ACCORDANCE WITH THE LEGAL NORMS IN FORCE AT ANY TIME FOR THE RECOGNITION OF THESE BENEFICIARIES.

WHEN THE HOLDERS OF THE RIGHT CHANGE THEIR DOMICILE OR RESIDENCE, THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION WILL GIVE THIS CIRCUMSTANCE TO THE TERRITORIAL TREASURIES OF SOCIAL SECURITY, FOR THE PURPOSES BACKGROUND.

FOURTH. SOCIAL SECURITY SHALL PROVIDE HEALTH CARE TO THE INSURED PERSONS IN ACTIVE SERVICE AND PENSIONERS, AND TO THEIR BENEFICIARIES, FROM THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION FROM THE DAY OF EFFECT OF THE DISCHARGE, WHICH SHALL APPEAR IN THE MEMBERSHIP DOCUMENT. IN NO CASE WILL THERE BE A PERIOD OF LACK OF HEALTH CARE THAT IS CONCEIVED.

THE RIGHT TO ASSISTANCE SHALL BE EXTINGUISHED, BOTH FOR THE HOLDER OF THE ASSISTANCE AND FOR ITS BENEFICIARIES, ON THE DAY ON WHICH THE LOWER PART OF THE NATIONAL MUTUAL INSURANCE FUND OF THE LOCAL ADMINISTRATION TAKES EFFECT.

FIFTH. -DOCUMENTS THAT CREDIT THE CONDITION OF RIGHT HOLDERS AND BENEFICIARIES, AND THOSE THAT REFLECT THE CARE DATA CORRESPONDING TO THE PERSONS COVERED BY THIS CONCERT, WILL BE EXTENDED AND DUE TO THE RESPECTIVE TERRITORIAL TREASURIES OF THE GENERAL TREASURY OF SOCIAL SECURITY, BY DELEGATION OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY.

SIXTH. THE HOLDER OF THE RIGHTHOLDERS OF THE RIGHT TO ASSIST THEM SHALL BE MADE IN ACCORDANCE WITH THE GENERAL RULES ESTABLISHED FOR THE PURPOSE AND IN THE LIGHT OF THE FREEDOM OF CHOICE OF THE AFFILIATE, IN THE AREA OF THE AREA IN WHICH ITS REGISTERED OFFICE IS LOCATED.

SEVENTH. THE PRESCRIPTION OF THE PROPRIETARY MEDICINAL PRODUCTS WILL BE FORMULATED BY THE SOCIAL SECURITY PHYSICIANS IN THE OFFICIAL PRESCRIPTION MODEL ESTABLISHED BY THE SAME, AND WILL BE DISPENSED BY THE PHARMACY OFFICES WITH SUBJECT TO THE RULES IN FORCE FOR THE GENERAL SCHEME.

IN ANY CASE, THE DOCTOR WILL ENJOY THE FREEDOM OF PHARMACEUTICAL PRESCRIPTION WITHIN THE GENERIC LIMITS INDICATED BY THE SOCIAL SECURITY REGULATIONS.

EIGHTH.-THE CORRESPONDING MEDICAL PART OF DISCHARGE, CONFIRMATION AND DISCHARGE DUE TO ILLNESS, AS WELL AS THOSE OF PROGNOSIS AND DELIVERY NOTIFICATION TO THE INSURED PERSONS IN ACTIVE OF THE NATIONAL MUTUAL ESTIMATE OF THE LOCAL ADMINISTRATION THEY SHALL BE ISSUED BY THE DOCTORS OF SOCIAL SECURITY IN ACCORDANCE WITH THE RULES AND MODELLING LAID DOWN FOR THE GENERAL SOCIAL SECURITY SCHEME.

NINTH.-WHEN TEMPORARY DISPLACEMENTS OF THE RIGHTHOLDERS OR THEIR BENEFICIARIES ARE ISSUED, THE "ASSISTANCE CARD OR THE DISPLACED PERSONS" SHALL BE ISSUED BY THE TIME LIMITS AND UNDER THE CONDITIONS LAID DOWN FOR THE GENERAL SCHEME OF SOCIAL SECURITY.

TEN. THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION SHALL PAY AS PAYMENT OF THE BENEFITS TO BE PAID A MONTHLY FEE FOR THE HOLDER OF THE RIGHT, WHICH IS FIXED IN PESETAS OF 1984 IN 5,027 PESETAS.

THE QUOTA WILL BE REVIEWED EVERY YEAR ON THE BASIS OF INCREASING BY THE YEAR 1984 THE PERCENTAGE OF REAL INCREASE IN THE AVERAGE COST OF PROVIDING ASSISTANCE UNDER THE GENERAL SOCIAL SECURITY SCHEME, CALCULATED AT THE COST OF COMPLIANCE WITH THE RULES WHICH ARE ESTABLISHED OR WHICH ARE, IN GENERAL, ESTABLISHED FOR NON-SOCIAL SECURITY GROUPS RECEIVING HEALTH CARE FROM THE SAME.

FOR SUCH PURPOSES, ONCE THE PERCENTAGE OF THE QUOTA IS FIXED, THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION SHALL PAY THE DIFFERENCE WHICH HAS BEEN LEFT TO BE LIQUIDATED DURING THE PRECEDING IMMEDIATE PERIOD.

ELEVEN. THE PAYMENT OF THE AMOUNTS THAT COME IN LINE WITH THE NUMBER OF RIGHTHOLDERS WHO APPEAR ON THE HIGH IN EACH OF THE PREVIOUS THREE MONTHS, WITHOUT ANY FORM OF CHARGE, WILL BE ENTERED ON A QUARTERLY BASIS BY THE NATIONAL MUTUAL INSURANCE FUND OF THE LOCAL ADMINISTRATION, CENTRALLY, WITHIN THE MONTH FOLLOWING EACH CALENDAR QUARTER, WHICH WILL BE CONSIDERED A PERIOD OF VOLUNTARY PERIOD OF INCOME, IN FAVOUR OF THE TERRITORIAL TREASURY OF SOCIAL SECURITY FROM MADRID.

THE NATIONAL GOVERNMENT ' S NATIONAL FORECAST MUTUAL FUND SHALL FORMULATE THE REVENUE IN THE FORM AND MODELS TO BE ESTABLISHED.

CASUALTIES SHALL CAUSE ECONOMIC EFFECTS ON THE LAST DAY OF THE MONTH TO WHICH THEY RELATE AND THE HIGH ON THE FIRST DAY OF THE MONTH FOLLOWING THAT OF THEIR FILING.

TWELVE. THE APPLICATION OF THE PROVISIONS OF THE PRESENT CONCERT TO THE LOCAL CORPORATIONS THAT CURRENTLY HAS A SIGNED HEALTH CARE AGREEMENT WITH SOCIAL SECURITY WILL BE CARRIED OUT GRADUALLY, AS THE MUTUAL SOCIETY LOCAL ADMINISTRATION FORECAST NATIONAL TO FORMALLY NOTIFY THEM.

TO THIS EFFECT, THE NATIONAL PENSION FUND OF THE LOCAL ADMINISTRATION SHALL REGULARLY COMMUNICATE TO THE NATIONAL INSTITUTE OF SOCIAL SECURITY AND THE GENERAL TREASURY OF SOCIAL SECURITY THE RELATIONSHIP OF LOCAL AUTHORITIES WHICH ARE AFFECTED BY THIS CLAUSE, AND WHOSE AGREEMENTS IN PARTICULAR SHALL BE DEEMED TO HAVE BEEN TERMINATED FROM THE FIRST DAY OF THE MONTH FOLLOWING THAT OF THEIR NOTIFICATION.

THIRTEEN.-THE SOCIAL SECURITY AND THE NATIONAL SECURITY MUTUAL BENEFIT OF THE LOCAL ADMINISTRATION, BY COMMON ACCORD, SHALL ESTABLISH THE TIMETABLE FOR THE ASSUMPTION OF OBLIGATIONS IN RELATION TO THE COLLECTIVES WHICH, ON THE BASIS OF THIS CONCERT, THEY ARE GOING TO HAVE THE RIGHT TO HEALTH CARE THROUGH SOCIAL SECURITY.

FOURTEEN. IN ORDER TO RESOLVE ANY DISCREPANCIES THAT MAY ARISE IN THE IMPLEMENTATION AND APPLICATION OF THIS CONCERT, A JOINT COMMITTEE WILL BE ESTABLISHED, WHICH WILL BE COMPOSED OF REPRESENTATIVES OF THE GENERAL TREASURY OF THE SOCIAL SECURITY, THE NATIONAL INSTITUTE OF SOCIAL SECURITY AND THE NATIONAL MUTUAL INSURANCE FUND OF THE LOCAL ADMINISTRATION.

FIFTEEN. THE PRESENT CONCERT SHALL ENTER INTO FORCE AT ZERO HOURS OF DAY 1 JANUARY 1985, AND SHALL BE VALID FOR ONE YEAR, EXTENDABLE FOR EQUAL PERIODS, PROVIDED THAT IT IS NOT REPORTED IN WRITING BY ANY OF ITS PARTIES, WITH THREE MONTHS IN ADVANCE OF THE EXPIRATION OF THE FIRST PERIOD OR ANY OF ITS EXTENSIONS.

AND FOR THE RECORD, THE PARTIES SIGN THE PRESENT CONCERT, WHICH EXTENDS BY FIVEFOLD, FOR THE PURPOSE OF TRANSFERRING A COPY OF THE SAME TO THE MINISTRY OF SOCIAL SECURITY AND THE MINISTRY OF TERRITORIAL ADMINISTRATION AND TO A ONLY EFFECT ON THE PLACE AND DATE INDICATED ABOVE.

THE DIRECTOR GENERAL OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY, CARLOS SOLINIS LAREDO; THE DIRECTOR GENERAL OF THE GENERAL TREASURY OF SOCIAL SECURITY, FRANCISCO LUIS FRANCES SANCHEZ, AND THE TECHNICAL DIRECTOR OF THE MUTUAL SOCIETY NATIONAL OF THE LOCAL ADMINISTRATION, CLEMENTINO CALVO RAMIREZ.